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11 June 2026

Sussex ruling is a warning shot for the OfS – not the end of the free speech debate

The regulator's defeat in court exposed flaws in its approach to investigating freedom of speech concerns at the University of Sussex, but higher education providers should not mistake its lack of appeal for a retreat
Melanie Carter Guest Contributor

Partner, Stone King

Clare Wigzell Guest Contributor

Associate, Stone King

4 min read
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FE colleges with higher education (HE) provision and regulators more generally will have noted with interest the recent High Court decision in The University of Sussex v The Office for Students (OfS).

Not only did the High Court find that the OfS had failed to apply the law correctly in its approach to freedom of speech, it also found bias, concluding that the OfS had approached its investigation with a “closed mind”.

Despite this severe criticism, which is particularly significant for a regulator whose remit depends on correct interpretation of the law and procedural fairness, the OfS has confirmed that it will not appeal, saying in a statement that it wants to “focus on the future” and “learn lessons from the judgment”. However, HE providers should not be under any illusion that freedom of speech and academic freedom has moved down the OfS’s regulatory radar.

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